In 2008, Cyberheat, Inc. ("Cyberheat") announced the settlement of a case filed in 2005 against Cyberheat on behalf of the Federal Trade Commission ("FTC") pursuant to CAN-SPAM. In that lawsuit, the government claimed that Cyberheat should be liable for the unauthorized acts of several rogue affiliates who instigated e-mail campaigns in violation of their respective agreements with Cyberheat and/or its related companies. The settlement, which took the form of a negotiated order of permanent injunction (the "Order"), was an outright victory for Cyberheat, especially in relation to concessions demanded and obtained by Cyberheat regarding webmaster privacy and in relation to a precedent-setting opinion from the court limiting the liability of industry-related companies for the unauthorized acts of its contractors. The primary going-forward requirements of the settlement require little more than compliance with CAN-SPAM and its related regulations. (This is a non-factor, insofar as Cyberheat has been and is in full compliance.) The settlement does include several logistical requirements, including acknowledgement of the Order's requirements by Cyberheat-related webmasters and employees and the maintenance of certain webmaster-related information by Cyberheat.
Click here for a copy of the injunction.
In accordance with the settlement agreement, Cyberheat provides herewith your copy of the Order. Upon receipt, Cyberheat asks that you complete and return the acknowledgement below.
I have received and reviewed a copy of the Order. I agree to comply with the terms set forth herein,
all applicable federal and state laws, including CAN-SPAM, the Adult
Labeling Rule, and the provisions of the Order. I further agree to create, maintain and retain records
and documents that demonstrate my compliance with the Order.
(Sign below by typing your name.)